Avertest – The Metropolitan General Sessions Court of Nashville-Davidson County

Kent Hoover filed this request on behalf of Alice Hines with the Howard Gentry Criminal Court Clerk, Metropolitan Nashville And Davidson County of Nashville, TN.

It is a clone of this request.

Due Sept. 8, 2022
Est. Completion Sept. 21, 2022
Status
Awaiting Response

Communications

From: Alice Hines

To the Custodian of Records:

Under the Tennessee Open Records Act, §10-7-503 et seq., I am requesting an opportunity to obtain, via email, copies of public records pertaining to the procurement and General Sessions Court drug testing contractor Avertest (also known as Averhealth, and Global Drug Testing Services).

I am requesting access to the following documents from between 1/1/2012 and 8/1/2013:

Communications and emails (including attachments) from Avertest executive Jason Herzog to court and probation/parole representatives
Communications and emails (including attachments) from any Avertest employee marketing or describing the company’s services
Transcripts and records of internal meetings between court and probation staff evaluating Avertest’s services
Communications and emails (including attachments) between court and probation staff discussing Avertest’s services (cost, quality, frequency of testing, and cut-off levels)
Communications and emails (including attachments) between court and probation staff discussing or debating what cut-off levels to use for Avertest testing
Communications and emails (including attachments) from Probation Director Robert Green discussing Avertest

I would also like to request a waiver of all fees as the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of the drug testing and drug testing reliability. I am a journalist and this report is focused on understanding the best practices for drug testing, and this report will help to inform the public on these practices.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request.

Sincerely,

Kent Hoover, a citizen of Tennessee, in coordination with Alice Hines.

From: Howard Gentry Criminal Court Clerk, Metropolitan Nashville And Davidson County

To Whom It May Concern:

Attached is a copy of a public records request which Muckrock News mailed to the Custodian of Records at the Office of the Criminal Court Clerk. Because the Criminal Court Clerk is not the custodian of the records being sought, they forwarded the request to the Administrative Office of General Sessions Court.

Please be advised that our Department (i.e., General Sessions Court) uses the Metro Clerk Centralized Public Records Request Process which means that your request must be submitted to the Metro Clerk's Office. Information about submitting a public records request can be found at Nashville.gov/departments/metro-clerk/public-records-request.

Also, because the Tennessee Public Records Act only grants TN citizens the right to access open public records that exist at the time of the request, Kent Hoover on whose behalf your organization submitted the request (or some other TN citizen) will need to make the request and provide a valid government issued photo ID that includes their address. Thanks.

Kyle Sowell, Esq.
Court Administrator
Metropolitan General Sessions Court
408 2nd Ave. N. Suite 1140
Nashville, TN 37201
Phone: 615-862-8318
kylesowell@jisnashville.gov

From: Howard Gentry Criminal Court Clerk, Metropolitan Nashville And Davidson County

A no responsive documents response.

From: Howard Gentry Criminal Court Clerk, Metropolitan Nashville And Davidson County

METROPOLITAN CLERK’S OFFICE
1 PUBLIC SQUARE, SUITE 205
NASHVILLE, TENNESSEE 37201
PHONE: (615) 862-6770
PublicRecords@nashville.gov

Dear Kent Hoover,

Thank you for using hubNashville!

We have received your 9/6/2022 request. You will receive a response promptly with an update on your Public Records Request.

Your Request number: 01058727
As your request is being processed, you will be updated periodically by the department(s) handling your request. The Metro Clerk’s Office will act as your point of contact for inquiries or follow-up communications.

If you have any questions regarding this notification, please contact the Metropolitan Clerk’s office at 615-862-6770.
Thank you!
Metro Public Records Request Coordinator
1 Public Square, Suite 205
Nashville, TN 37201
PublicRecords@nashville.gov
(615)862-6770

From: Howard Gentry Criminal Court Clerk, Metropolitan Nashville And Davidson County

Mr. Hoover,

Attached is a copy of the Public Record Request Response Form informing you that it is not practicable for us to comply with your request without you refining your request as follows. The vast bulk of the items requested would constitute archived email communications from 9-1-12 to 8-1-13, to the extent they exist.

Justice Integration Services (JIS) is the Metro Department which stores these electronic communications for General Sessions Court, and they will be the entity to search the database. JIS has informed us that the search parameters are too vague to conduct a proper search. The search needs to be narrowed down to specific words or search terms. Also, references to "probation/parole representatives," "probation staff," or "court staff" are too general and vague to identify specific individuals.

Again, please narrow your search parameters to a list of specific words or search terms. Please provide your refined search parameters to me no later than Wednesday, September 21, 2022.

Kyle Sowell, Esq.
Court Administrator
Metropolitan General Sessions Court
408 2nd Ave. N. Suite 1140
Nashville, TN 37201
Phone: 615-862-8318
kylesowell@jisnashville.gov

From: Alice Hines

Hi there.
Can JIS please search for the following search terms between the previously specified dates:

- Any emails from Jason Herzog (an avertest employee)
- Any emails from Dominique Delagnes (this is an avertest employee)
- Any emails to and from Robert Green containing the phrase "avertest"

Let me know if this is possible.

best,
Alice

From: Howard Gentry Criminal Court Clerk, Metropolitan Nashville And Davidson County

"PUBLIC RECORD REQUEST RESPONSE FORM

Metropolitan Government of Nashville and Davidson County
Metropolitan Clerk's Office
1 Public Square, Suite 205
Nashville, TN 37201

9/21/2022
Request No. 01058727
Kent Hoover
MuckRock News 263 Huntington Ave DEPT MR 132496
Boston, MA 02115

In response to your records request we received on 9/6/2022 our office is taking the action(s) indicated below:

Your revised request for:
- Any emails from Jason Herzog (an avertest employee)
- Any emails from Dominique Delagnes (this is an avertest employee)
- Any emails to and from Robert Green containing the phrase "avertest"
- between 1/1/2012 and 8/1/2013

In accordance with T.C.A. § 10-7-702, the records retention schedule for email communications with citizens and government officials regarding policy and procedures or program administration is five(5) years. In addition, the revised request is too broad to enable a search for the requested records.

Your request was denied based on the following criteria:
[X] Your request was not sufficiently detailed to enable identification of the specific requested record(s). You need to provide additional information to identify the requested record(s).
[X] No such record(s) exists or this office does not maintain record(s) indicated in your request.
[ ] No proof of Tennessee citizenship was presented with your request. Your request will be reconsidered upon presentation of sufficient identification.
[ ] You are not a Tennessee citizen.
[ ] You have not paid the estimated copying/production fees.
[ ] The following state, federal, or other applicable law prohibits disclosure of the requested records:

If you have any additional questions regarding your record request, please contact:
Metropolitan Clerk's Office
1 Public Square, Suite 205
Nashville, TN 37201

Sincerely,
Raven Misch
Public Records Coordinator
Email: raven.misch@nashville.gov
Phone: 615-862-6770"

From: Alice Hines

Hi there Raven,
I would like to amend my request to be 1. more detailed and 2. to cover a different date range that sits within your record retention limits, 2018-2022.

My revised request includes the below items:

- Any emails and communications from 2018-2022 mentioning the phrases "Averhealth" or "Avertest" to or from General Sessions Court probation directors, court administrator, or judges. I am interested in emails from, but not limited to, General Sessions Probation Director Johnetta Nelson, General Sessions Court Administrator Warner Hassell, General Sessions Court Administrator Kyle Sowell, and Judge Melissa Blackburn, as well as their colleagues in similar roles.

-Any emails or communications from 2018-2018 sent or recieved by Jason Herzog (Averhealth employee) and Dominique Delagnes (Averhealth employee employee), to any General Sessions Court probation director, court administrator, or judges.

I am no longer requesting emails to or from general probation staff. We don't need any records from parole, either. Additionally, we are only seeking communication surrounding General Sessions Court (you don’t have to search for Juvenile or Criminal/Circuit Courts).

Does this help narrow down? Please let me know if this is clear and if you can process the request. We are eagerly awaiting a cost estimate from you.

Best,
Muckrock // Vice News

From: Alice Hines

Apologies there was a typo in my latest email. It is corrected below:

Hi there Raven,
I would like to amend my request to be 1. more detailed and 2. to cover a different date range that sits within your record retention limits, 2018-2022.

My revised request includes the below items:

- Any emails and communications from 2018-2022 mentioning the phrases "Averhealth" or "Avertest" to or from General Sessions Court probation directors, court administrator, or judges. I am interested in emails from, but not limited to, General Sessions Probation Director Johnetta Nelson, General Sessions Court Administrator Warner Hassell, General Sessions Court Administrator Kyle Sowell, and Judge Melissa Blackburn, as well as their colleagues in similar roles.

-Any emails or communications from 2018-2022 sent or recieved by Jason Herzog (Averhealth employee) and Dominique Delagnes (Averhealth employee employee), to any General Sessions Court probation director, court administrator, or judges.

I am no longer requesting emails to or from general probation staff. We don't need any records from parole, either. Additionally, we are only seeking communication surrounding General Sessions Court (you don’t have to search for Juvenile or Criminal/Circuit Courts).

Does this help narrow down? Please let me know if this is clear and if you can process the request. We are eagerly awaiting a cost estimate from you.

Best,
Muckrock // Vice News

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